- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
In Thomas Jefferson’s words, the establishment clause is “a wall of separation between church and state.” Though the United States has not officially established a religion, most importantly because they did not want to have the same complications as the countries in Europe. The Lemon Test was a result of ensuring that there was not “too much government entanglement with religion”. The court established criteria to follow when something of the matter occurred/how to go about a law that would lead to such “entanglement”. The Lemon Test is as followed:
1. The action or law must not lead to excessive government entanglement with religion; in other words, policing the boundary between government and religion should be relatively straightforward and not require extensive effort by the government.
2. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion.
3. The action or law must have some secular purpose; there must be some non-religious justification for the law.
(https://openstax.org/books/american-government-2e/pages/4-2-securing-basic-freedoms)
This criterion ensures that a law or action is constitutional and can remain in effect.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
The burning of the US flag is protected by the First Amendment and will continue to be. Though the United States Flag has symbolic meaning to many American citizens, it is not a destruction of government property or any particular property. It doesn’t violate any law that consists of a particular type of violation. If Johnson attacked the white house as a means to demonstrate his message that’d be something completely different. Something like burning a flag does not cause harm or put people in harm. Feelings might be offended but all in all his act was symbolic and thus protected by the first amendment.
- What does it mean when someone says “I’m taking the Fifth”
Taking the fifth gives you the opportunity to remain silent until you’ve had a legal consultant that can advise you of and secure your rights. This is all a good way to avoid self-incrimination. As the text stated
“People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime. Moreover, in a criminal trial, if someone does not testify in his or her own defense, the prosecution cannot use that failure to testify as evidence of guilt or imply that an innocent person would testify.”
https://openstax.org/books/american-government-2e/pages/4-3-the-rights-of-suspects
